Bill Text: IL SB0369 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Secretary of State Act. Makes a technical change in a Section concerning the deposit of public acts, laws, and resolutions with the Secretary of State.

Spectrum: Slight Partisan Bill (Republican 5-3)

Status: (Passed) 2009-08-10 - Public Act . . . . . . . . . 96-0207 [SB0369 Detail]

Download: Illinois-2009-SB0369-Enrolled.html

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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Pension Code is amended by changing
Sections 2-108.1 and 18-125 as follows:
(40 ILCS 5/2-108.1) (from Ch. 108 1/2, par. 2-108.1)
Sec. 2-108.1. Highest salary for annuity purposes.
(a) "Highest salary for annuity purposes" means whichever
of the following is applicable to the participant:
For a participant who first becomes a participant of this
System before the effective date of this amendatory Act of the
96th General Assembly:
(1) For a participant who is a member of the General
Assembly on his or her last day of service: the highest
salary that is prescribed by law, on the participant's last
day of service, for a member of the General Assembly who is
not an officer; plus, if the participant was elected or
appointed to serve as an officer of the General Assembly
for 2 or more years and has made contributions as required
under subsection (d) of Section 2-126, the highest
additional amount of compensation prescribed by law, at the
time of the participant's service as an officer, for
members of the General Assembly who serve in that office.

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(2) For a participant who holds one of the State
executive offices specified in Section 2-105 on his or her
last day of service: the highest salary prescribed by law
for service in that office on the participant's last day of
service.
(3) For a participant who is Clerk or Assistant Clerk
of the House of Representatives or Secretary or Assistant
Secretary of the Senate on his or her last day of service:
the salary received for service in that capacity on the
last day of service, but not to exceed the highest salary
(including additional compensation for service as an
officer) that is prescribed by law on the participant's
last day of service for the highest paid officer of the
General Assembly.
(4) For a participant who is a continuing participant
under Section 2-117.1 on his or her last day of service:
the salary received for service in that capacity on the
last day of service, but not to exceed the highest salary
(including additional compensation for service as an
officer) that is prescribed by law on the participant's
last day of service for the highest paid officer of the
General Assembly.
For a participant who first becomes a participant of this
System on or after the effective date of this amendatory Act of
the 96th General Assembly, the average monthly salary obtained
by dividing the total salary of the participant during the

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period of: (1) the 48 consecutive months of service within the
last 120 months of service in which the total compensation was
the highest, or (2) the total period of service, if less than
48 months, by the number of months of service in that period.
(b) The earnings limitations of subsection (a) apply to
earnings under any other participating system under the
Retirement Systems Reciprocal Act that are considered in
calculating a proportional annuity under this Article, except
in the case of a person who first became a member of this
System before August 22, 1994.
(c) In calculating the subsection (a) earnings limitation
to be applied to earnings under any other participating system
under the Retirement Systems Reciprocal Act for the purpose of
calculating a proportional annuity under this Article, the
participant's last day of service shall be deemed to mean the
last day of service in any participating system from which the
person has applied for a proportional annuity under the
Retirement Systems Reciprocal Act.
(Source: P.A. 90-655, eff. 7-30-98.)
(40 ILCS 5/18-125) (from Ch. 108 1/2, par. 18-125)
Sec. 18-125. Retirement annuity amount.
(a) The annual retirement annuity for a participant who
terminated service as a judge prior to July 1, 1971 shall be
based on the law in effect at the time of termination of
service.

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(b) Effective July 1, 1971, the retirement annuity for any
participant in service on or after such date shall be 3 1/2% of
final average salary, as defined in this Section, for each of
the first 10 years of service, and 5% of such final average
salary for each year of service on excess of 10.
For purposes of this Section, final average salary for a
participant who first serves a judge before the effective date
of this amendatory Act of the 96th General Assembly shall be:
(1) the average salary for the last 4 years of credited
service as a judge for a participant who terminates service
before July 1, 1975.
(2) for a participant who terminates service after June
30, 1975 and before July 1, 1982, the salary on the last
day of employment as a judge.
(3) for any participant who terminates service after
June 30, 1982 and before January 1, 1990, the average
salary for the final year of service as a judge.
(4) for a participant who terminates service on or
after January 1, 1990 but before the effective date of this
amendatory Act of 1995, the salary on the last day of
employment as a judge.
(5) for a participant who terminates service on or
after the effective date of this amendatory Act of 1995,
the salary on the last day of employment as a judge, or the
highest salary received by the participant for employment
as a judge in a position held by the participant for at

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least 4 consecutive years, whichever is greater.
However, in the case of a participant who elects to
discontinue contributions as provided in subdivision (a)(2) of
Section 18-133, the time of such election shall be considered
the last day of employment in the determination of final
average salary under this subsection.
For a participant who first serves a judge on or after the
effective date of this amendatory Act of the 96th General
Assembly, final average salary shall be the average monthly
salary obtained by dividing the total salary of the participant
during the period of: (1) the 48 consecutive months of service
within the last 120 months of service in which the total
compensation was the highest, or (2) the total period of
service, if less than 48 months, by the number of months of
service in that period.
The maximum retirement annuity for any participant shall be
85% of final average salary.
(c) The retirement annuity for a participant who retires
prior to age 60 with less than 28 years of service in the
System shall be reduced 1/2 of 1% for each month that the
participant's age is under 60 years at the time the annuity
commences. However, for a participant who retires on or after
the effective date of this amendatory Act of the 91st General
Assembly, the percentage reduction in retirement annuity
imposed under this subsection shall be reduced by 5/12 of 1%
for every month of service in this System in excess of 20

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years, and therefore a participant with at least 26 years of
service in this System may retire at age 55 without any
reduction in annuity.
The reduction in retirement annuity imposed by this
subsection shall not apply in the case of retirement on account
of disability.
(Source: P.A. 91-653, eff. 12-10-99.)
Section 99. Effective date. This Act takes effect upon